Heffern v. McWilliams

Citations

• 13 Tiess. 489

Syllabus

<p>Syllabus.</p> <p>1. The recordation prescribed by R. C. C., 2623, relative to succession sales, is that of the proc&s verbal of the officer conducting the sale. The provisions of that article are not complied with by the recordation of a mere receipt or acknowledgment. of a partial payment or deposit by the adjudieatee at the time of the adjudication and executed, not by such officer, but by another purporting to act on his behalf.</p> <p>2. The vendor who is himself unable to convey title is in no position to resist the suit of the purchaser for the return of the money deposited as earnest to bind the agreement of ■ sale. Nor can the vendor defeat the purchaser’s demand by perfecting and tendering title to him long after. the suit has been instituted.</p>